Patna High Court
Kamlesh Kumar @ Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the bail application.
Summary
Kamlesh Kumar, also known as Bhola Kumar, was arrested in February 2026 for possession of approximately 2.10 grams of brown sugar (cannabis). He is charged under Section 111(2)(b) of the Bihar Narcotic Substances Act and Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, and also faces another NDPS case. The petitioner applied for regular bail, claiming false implication and offering to cooperate with the trial. The State, represented by an Additional Public Prosecutor, opposed bail, emphasizing the contraband recovery and the pending second NDPS case. The Patna High Court, after considering these factors, declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to an accused possessing a small quantity of narcotics under the B.N.S. and NDPS Acts, considering the recovery of contraband and a pending second NDPS case.
Legislation cited
- B.N.S. — s. 111(2)(b)
- N.D.P.S. Act — s. 21(b), 8(c)
Subjects
- bail
- narcotics
- possession
- Section 111
- NDPS Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21231 of 2026
Arising Out of PS. Case No.-74 Year-2026 Thana- PARSABAZAR District- Patna
======================================================
Kamlesh Kumar @ Bhola Kumar Son of Dharmendra Manjhi Resident of
Kurthaul Railway Line, P.S.- Parsa Bazar, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Bindu Kumari, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Parsa
Bazar P.S. Case No. 74/2026 registered for the offences
punishable under Section 111(2)(b) of B.N.S. and Section
8(c)/21(b) of N.D.P.S. Act.
3. As per the prosecution case, recovery of
approximately 2.10 grams of brown sugar/smack is made from
the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has one criminal antecedent and
he is in custody since 08.02.2026. The petitioner undertakes to
co-operate in the case/ trial.
Patna High Court CR. MISC. No.21231 of 2026(2) dt.06-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the recovery of contraband which has
been made from the possession of the petitioner and also the
fact that he is accused in one more case under N.D.P.S. Act, this
Court is not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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